DUI Lawyer in Orlando Challenging Blood Tests
Law enforcement uses several different tests to measure a person’s blood alcohol concentration (BAC). Two of the most common tests used are field sobriety and breath tests. However, one test that outranks all others in accuracy is the blood test.
According to Florida Statute 316.1932, if you get behind the wheel of your car, you automatically assume consent for a blood test. Refusal for this could result in a one-year driver’s license suspension and an 18-month suspension for any previous refusals on your record.
If You Are Challenging Blood Tests, Hire an Orlando Attorney
While failing a blood test may seem like the final nail in a DUI case, skilled DUI lawyers can take the evidence and fight against it. Evidence can be challenged in many situations so you should not rule anything out. For example, if the personnel administering the test was not give proper training, the test results can be thrown up for debate. Other errors that could be questionable include:
- Blood sample was tainted by chemicals used to clean the arm
- Blood kit was not properly stored (past expiration, improper temperature, etc.)
- Blood vial containers were not preserved carefully – possibly improperly labeled
- Blood was not drawn at a reasonable time following the arrest
Blood tests are significantly more accurate than breath tests, but you should know that they are not perfect. Tests of any kind can be subject to human error, resulting in the harsh penalties for a criminal conviction to an undeserving individual.
Your future is important and you deserve the right to fight for it every chance you get. At Katz & Phillips, P.A. we are devoted to addressing every nuance and every little detail to ensure that you are given a fair fight. Put your trust into a team of lawyers who are dedicated to the case every step of the way!
For legal aid in challenging a blood test, contact an Orlando DUI attorney at our firm today!
